The EUG ruled in favor of the Champagne Wine Interprofessional Committee (CIVC) and the National Institute for Origin and Quality (INAO) by rejecting the registration of the Nero Champagne trademark by an Italian company, even for wines that comply with the specifications of the protected designation of origin (PDO) “Champagne.” At issue was the risk of confusion surrounding the color of the precious sparkling wine or its grape variety.
White or pink, but not black…
In a ruling on June 25, the Court of Justice of the European Union (CJEU), based in Luxembourg, has refused to register the Italian trademark “Nero Champagne” as a European Union trademark for wines with the protected designation of origin “Champagne.”
Risk of confusion
In its reasoning, the Court argued that “the term ‘nero’ could be perceived by consumers as referring either to the grape variety used to make champagne or to its color, so that the mark applied for could convey false or misleading information.” Indeed, it added, “this term is used in the names of several well-known Italian grape varieties [(Nero d’Avola, Nero di Troia, etc.)] and many varieties of vines include it in their names. Furthermore, the term ‘nero’ will be understood by Italian-speaking consumers as meaning ‘black’. The public could therefore think that it is a “black champagne” even though, according to the PDO (protected designation of origin) specifications, champagne can only be white or rosé.”
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